Section 316-35-208 - BINGO PREMISES208.01 Regardless of the number of licensed organizations authorized to hold bingo occasions within a single structure, building, or aboard a railroad coach car of a dinner or excursion train, not more than two regular bingo occasions per calendar week may be held within the same structure or building or aboard the same dinner or excursion train. For purposes of this regulation, calendar week shall mean 12:01 a.m. Sunday to 12:00 midnight Saturday. 208.01A No more than four limited period bingo occasions with an aggregate of no more than 12 days per 12-month period and no more than two special event bingo occasions with an aggregate of no more than fourteen days per calendar year may be held within a single premises.208.01B Limited period bingo occasions and special event bingo occasions shall not count against the number of regular bingo occasions allowed within a premises per calendar week.208.01C Nothing in this regulation shall prohibit the Department from authorizing the use of a premises for the conduct of bingo more than two times per calendar week in the event that a licensed organization has requested and been granted permission to reschedule a bingo occasion canceled due to an act of God.208.02 The two regular bingo occasions permitted per calendar week in a single premises may be conducted on the same day as long as the occasions are distinct from one another and are not used to award more in prizes than is permitted for a single bingo occasion. 208.02A If two regular bingo occasions are held on the same day, there must be a break of at least three hours between the end of one occasion and the start of the second occasion.208.03 No premises shall be subdivided to provide multiple premises where games of bingo are managed, operated, or conducted, whether or not the multiple premises have different mailing addresses or legal descriptions. Any building, distinct portion of a building, or a railroad coach car of a dinner or excursion train shall constitute one premises, regardless of the number of addresses or entrances, rooms, halls, enclosures, areas, or separate cars of a dinner or excursion train used to conduct bingo.208.04 A premises rented or leased by a licensed organization to conduct bingo must be rented or leased from a licensed commercial lessor except when: 208.04A The lessor of the premises receives $ 250.00 or less per month in the aggregate from renting or leasing such premises for the conduct of bingo. For purposes of this regulation, the $ 250.00 threshold includes the total amount received from the rental or lease of the premises for all regular and limited period bingo occasions, regardless of how many licensed organizations rent or lease the premises, and is solely limited to bingo premises rental or lease payments; or208.04B The premises is rented or leased by a nonprofit organization solely to its own auxiliary for the conduct of bingo by the auxiliary.208.05 A licensed organization may conduct bingo only in the county in which the organization has its principal office.208.05A For purposes of this regulation, a licensed organization's principal office is the place where the principal affairs and business of the organization are transacted, including where the officers and members assemble to discuss and transact the business of the organization, where its meetings are held, and generally where the organization's records are kept.208.06 Prior to changing the premises where, or the days or time of day when a licensed organization conducts bingo, authorization shall be obtained thirty (30) days in advance from the Department. Such authorization shall be requested in writing by the licensed organization's bingo chairperson or gaming manager and confirmed by the signature of the utilization of funds member. If any such changes result in a change of the rental or lease agreement for the premises or any bingo equipment, or in a change to the existing terms or conditions of any such agreement, the authorization request must be accompanied by a copy of the proposed rental or lease agreement.208.06A For purposes of this regulation, adding another regularly scheduled bingo occasion is considered a change that requires thirty (30) day advance notification and authorization.208.07 No alcoholic beverages shall be served at a premises during the conduct of bingo except that alcoholic beverages are permitted at a limited period bingo occasion when no one under 18 years of age is permitted to play bingo. 208.07A If the premises at which bingo or a restricted limited period bingo occasion is conducted contains a lounge or bar area that is licensed to serve or sell alcoholic beverages, the area in which bingo is conducted and played must be completely and physically separate from the lounge or bar area. If a lounge or bar area is completely and physically separate from the area in which bingo is conducted, alcoholic beverages may be served in the lounge or bar area during the conduct of bingo; however, no alcoholic beverages shall be taken from the lounge or bar area to the area where bingo is being conducted or played.208.07B Near beer, which is defined as beer containing less than one-half of one percent of alcohol by volume, is considered an alcoholic beverage and, therefore, may not be sold or served at any regular or restricted limited period bingo occasion.208.08 The fair market value which may be charged for the rental or lease of a premises for the conduct of bingo shall not exceed the fair market value charged for the same premises or similar facilities in similar locations when rented or leased for public or social gatherings such as wedding receptions, parties, meetings, or other similar gatherings. The following factors shall be used by the Department in determining compliance with the fair market rental or lease value of a premises: 208.08A The square footage, location, condition, and lawful seating capacity of the premises;208.08B Parking availability and conditions;208.08C The day of the week and time of day that bingo will be conducted;208.08D The terms and conditions of the rental or lease agreement including length of rental or lease commitment and what, if any, services or tangible personal property are included in the agreement;208.08E The number of similar facilities near the location of the premises; and208.08F Any other factors having a bearing on the potential rental or lease value of the premises. None of the above shall be a sole determining factor on the issue of fair market value, but each of them shall be given some weight in assessing whether a premises is being rented or leased for fair market value.
208.09 In determining fair market value, the Department shall also review the total amount of money charged by the commercial lessor for the use of the premises by the licensed organization, including any separate fees charged for all real and personal property, including but not limited to charges for security, janitorial service, concession services, bingo equipment, and the use of furnishings such as tables and chairs.316 Neb. Admin. Code, 35, § 208
Sections 9-202, 9-207.01, 9-216, 9-241.01, 9-241.02, 9-241.04, and 9-241.06, R.R.S. 1997. Sections 9-226, 9-232.01, 9-241.03, 9-255.04, 9-255.06, and 53-103, R.S.Supp., 2002. November 12, 2002